Florida Marijuana Laws

In November 2016, Florida passed Amendment 2, or the Use of Marijuana for Debilitating Medical Conditions ballot, allowing medical marijuana to be cultivated and dispensed to qualified patients.

The ballot was created to ensure safe access and availability of medical cannabis to qualifying patients with debilitating conditions. Florida is the first state in the south to adopt proactive measures towards cannabis.

Under the new legislation, those with debilitating medical ailments determined by a licensed state physician will be allowed to use marijuana for medicinal purposes. Additionally, caregivers will be allowed to register with The Department of Health and assist qualifying patients with their medical use of marijuana. Medical Marijuana Treatment Centers are currently open to qualified medical patients and caregivers. Check out our comprehensive dispensary directory here.

Qualifying Patients

People seeking to be able to purchase medical marijuana in the state of Florida must qualify with a debilitating medical condition. Conditions accepted are listed as follows:

Cancer

Epilepsy

Glaucoma

HIV/AIDS

PTSD

ALS

Crohn’s Disease

Parkinson’s Disease

Multiple Sclerosis

Any other debilitating medical condition of similar nature where a physician feels marijuana would benefit the patient

Any patient with a qualifying medical condition seeking medical marijuana must first obtain a physician certification. A physician certification is a written document from a licensed doctor stating the validity of the patient’s debilitating medical condition, the doctor’s professional opinion that marijuana use would outweigh potential health risks for the patient and the recommended duration of medical marijuana use. Patients may only receive a physician certification after a physical examination and full medical history examination has been conducted. Minors may seek a physician certification for marijuana, however, a parent or legal guardian must sign for it in writing.

If you're interested in learning more about how to get a medical marijuana card in Florida, click here.

Possession

Qualified medical marijuana patients are allowed to possess up to a 70-day supply of marijuana at any given time and all marijuana products in possession of a patient must remain in their original packaging. Definitive quantities in relation to a 70-day supply are determined by a patient's physician and may be higher or lower than others depending on the patient’s required medicinal usage.

Purchasing Limits

Similar to possession laws, qualified patients or designated caregivers may purchase up to a 70-day supply of marijuana products from state-licensed Medical Marijuana Treatment Centers.

Consumption

Under no circumstance is medical marijuana allowed to be consumed by anyone other than qualifying patients. Marijuana in Florida may only be consumed by qualifying patients for medical use. Medical use means the purchase, possession, consumption, transport or ingestion of marijuana by a qualifying patient or caregiver to treat a debilitating medical condition.

Additionally, medical marijuana may not be used or administered in the form of smoking and flower is not allowed to be sold in dispensaries unless it is sealed in a tamper-proof receptacle for vaping.

Driving Under the Influence

Driving under the influence of marijuana remains illegal and punishable by law in the state of Florida. Punishments are similar to those of alcohol DUIs, with the first offense facing up to 6 months in jail or fines up to $1,000. Severity of penalties increases with every conviction, so it is strongly advised to never drive under the influence of marijuana.

Exporting Marijuana

Exporting marijuana, even to other states with legal medical marijuana, is illegal and will result in steep punishment for those apprehended in the act. Medical marijuana in Florida is legal for the sole purpose of helping qualifying patients with debilitating conditions. Therefore, the marijuana is strictly prohibited from export and must only be consumed in the state of Florida.

Cultivation

Qualifying patients are NOT allowed to grow any plants at home, nor are caregivers. Only registered Medical Marijuana Treatment Centers are able to cultivate or process marijuana. Caregivers are allowed to obtain medical marijuana for patients they assist, but they are not able to grow or consume any medical marijuana.